The defendant is charged [in count __]
with custodial interference in the second degree. The statute defining this
offense reads in pertinent part as follows:

a person is guilty of custodial
interference in the second degree when knowing that (he/she) has no legal right
to do so, (he/she) holds, keeps or otherwise refuses to return a child who is
less than sixteen years old to such child's lawful custodian after a request by
such custodian for the return of such child.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Kept child from
lawful custodianThe first element is that the
defendant held, kept or refused to return a child to the child's lawful
custodian.1

Element 2 - Child under 16The second element is that this
occurred prior to the child's sixteenth birthday.

Element 3 - Knowledge of no
legal rightThe third element is that the
defendant knew at the time of the incident that (he/she) had no legal right to
keep the child from (his/her) lawful custodian. A person acts "knowingly"
with respect to conduct or to a circumstance when (he/she) is aware that
(his/her) conduct is of such nature or that such circumstance exists. <See
Knowledge, Instruction 2.3-3.>

Element 4 - Request for returnThe fourth element is that the child's
lawful custodian had requested the return of the child.

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant held or kept a child or refused
to return a child to (his/her) lawful custodian, 2) the child was under 16 years
of age at the time, 3) the defendant knew that (he/she) had no legal right to
keep the child from (his/her) lawful custodian, and 4) the child's lawful
custodian had requested the return of the child.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
custodial interference in the second degree, then you shall find the defendant
guilty. On the other hand, if you unanimously find that the state has failed to
prove beyond a reasonable doubt any of the elements, you shall then find the
defendant not guilty.
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1
If the legal custody of the child is an issue, the specific factual allegations
may need to be explained and/or a definition of lawful custodian provided which
may vary with the circumstances.